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Assisted Reproductive Technology Law: Methods, Parental Status, Standards of Care, Contracts/Documents

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, July 18, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will address the expanding issue of assisted reproductive technologies (ART) law. The panel will discuss the differing and evolving case law and statutes and explain the underlying technologies.


Over seven million American couples are infertile, and now at least one percent of infants each year are conceived through ART. ART presents new and evolving issues with laws that differ from state to state and in some cases, from locality to locality, and which also might have uncertain outcomes. Case law and statutes differ significantly from jurisdiction to jurisdiction, and many courts have yet to address critical questions.

Understanding underlying medical technologies--such as artificial insemination, in vitro fertilization and surrogacy—is critical for the ART practitioner prior to analyzing the legal issues at play. Counsel must ensure that all prerequisites are addressed prior to contract drafting and must map out in advance how parentage will be secured for the intended parents as well as the impact of marriage (or lack of) and divorce. Further, ART practitioners and surrogacy programs may be exposed to liability in some jurisdictions for operating illegally or for negligence and fraud.

Drafting valid agreements and documentation is challenging in this evolving legal and technical environment. Counsel must develop familiarity with various contractual issues and must know the fact patterns to craft appropriate language.

Listen as our panel of ART law experts discuss the technologies and legal issues and provides solutions to the challenges facing practitioners in this field.



  1. Background on assisted reproductive technologies
    1. IUI, IVF
    2. Sperm, Egg, and Embryo Donation
    3. Surrogacy
    4. Postmortem Retrieval and Posthumous Conception
  2. Contract Drafting
  3. Parental rights
    1. Overriding Presumptions
    2. LGBTQ+ Legal Considerations
  4. Potential claims against ART providers
    1. Negligence/applicate duty and standard of care
    2. Fraud/other misrepresentation


The panel will review these and other relevant matters:

  • Developing familiarity with ART law
  • Understanding the science needed to analyze the issues
  • Recognizing complex questions of parental rights
  • Drafting strategies and avoidance of pitfalls


Quinn, Colleen
Colleen M. Quinn

Adoption & Surrogacy Law Center at Locke & Quinn

Ms. Quinn practices personal injury, medical malpractice, employment, family formation (including adoption &...  |  Read More

Trachman, Ellen
Ellen E. Trachman

Trachman Law Center

Ms. Trachman founded Trachman Law Center, LLC in order to bring dedicated and compassionate legal representation to...  |  Read More

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